Impero Pacific Group Pty Ltd v Bonheur Holdings Pty Ltd

In this case, the Impero Pacific Group Pty Ltd applied to the Supreme Court of New South Wales to recover a sum of money it claimed was due under a construction contract with Bonheur Holdings Pty Ltd. The dispute centred on the validity of a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW). The central issues before the court were whether the payment claim was valid, if the correct reference date was used, and if the termination of the contract gave rise to a statutory entitlement to payment. Additionally, the court had to determine if the supporting statement attached to the payment claim was substantially compliant with the required form, and whether the application to recover part of the amount claimed was appropriate.

The court examined the statutory requirements for payment claims and the supporting statements under the Security of Payment Act. It found that the payment claim was valid and that the supporting statement was substantially compliant with the required form. The court considered the available reference date and held that the termination of the contract did not automatically give rise to a statutory entitlement to payment. The court also emphasised that a judicial evaluation of the "claimed amount" was neither sought nor appropriate in this instance.

The Supreme Court ruled in favour of the applicant, Impero Pacific Group Pty Ltd, granting an order for the recovery of a specified amount. The court found that the payment claim was valid and that the supporting statement was substantially compliant with the required form. The final order required Bonheur Holdings Pty Ltd to pay the specified amount within 14 days.